1E9Ct5D

The issue of director and officer liability isnot specifically addressed in the legislation.A person who violates any provision of anact or regulation, or fails to comply with aministerial order, commits an offence. Uponconviction, they are liable to a fine of notless than $1,000 and up to $1 million. Thefine can accrue for each day in which noncompliancecontinues. Where the offence iscommitted for financial advantage the fineimposed will be such that no advantage isgained from the offence. Costs incurred bythe Minister are the liability of all personswho failed or refused to comply with anyorder which directed them to act or whoseact caused the release of the contaminant.Schedule A of the Environmental ImpactAssessment Regulation outlines theundertakings that must be registered withthe Minister, following which a determinationwill be made as to whether anenvironmental impact assessment isrequired. The Minister must either decidethat the undertaking can be completedwithout an assessment or the provincialcabinet must approve the undertakingfollowing the assessment. Theenvironmental impact assessment involvesmultiple stages.In May 2013, the province released ablueprint to help guide the oil and gasindustry. The blueprint focuses on variousprinciples including environmentalresponsibility, effective regulation andenforcement, community relations and FirstNations engagement.Prince Edward IslandThe environmental regulatory scheme forPrince Edward Island is predominantlycollected under the EnvironmentalProtection Act (“EPA”) and correspondingregulations, rather than in several discretepieces of legislation. While the provincepreviously lacked the more thoroughlegislation found in other jurisdictions inCanada, recent amendments in 2008 and2009 have made its legislation morecomparable. For example, watercoursesand wetlands are now more heavilyregulated, and persons deemed to be incontravention of legislation may now appealenvironmental protection orders.The EPA allows the Minister ofEnvironment, Labour and Justice to controlaspects of all surface, ground and shorewaters, as well as beaches, sand dunes andwetlands within the province.Contaminated sites are listed in theprovince’s contaminated sites registry. Asite may be designated as a contaminatedsite in defined circumstances, such aswhere an analysis of soil and groundwateron the property indicates it is contaminatedin excess of acceptable cleanup criteria orwhere the site is an inactive ordecommissioned landfill facility. Once anarea has been designated, the personresponsible for the area may not alter thesite without authorization from the Minister.The EPA is enforced primarily by theMinister and his or her delegates (i.e.employees of the Department ofEnvironment, Labour and Justice).Environmental protection orders mayrequire persons to do the following: meetwith the Department; carry out inspection,testing, and sampling; clean, repair andrestore affected areas; and take otherspecified actions to prevent danger to theEnvironmental Law 118